Homicide: Murder and the Partial Defences

Flashcards covering the legal principles of murder, voluntary manslaughter, and the partial defences of diminished responsibility and loss of control based on the SQE1 syllabus.

Homicide

The collective term for the unlawful killing of another human being, encompassing murder and manslaughter.

Murder

A common law offence defined as the unlawful killing of a reasonable creature in being under the King or Queen’s peace with malice aforethought.

Actus reus of homicide

The common element in all homicide cases where the accused unlawfully causes the death of the victim.

Legal definition of death

Occurs when the brain stem, which controls basic bodily functions such as breathing, has died.

Malice aforethought

The mens rea for murder, defined in modern terms as an intention either to kill or to cause grievous bodily harm.

Grievous bodily harm

Really serious harm.

Direct intent

When death or grievous bodily harm is the defendant’s aim or purpose.

Indirect (oblique) intent

Applies where death or serious harm is not the defendant’s primary aim, but is a virtually certain consequence of their actions and the defendant appreciates this.

Voluntary manslaughter

An offence where the actus reus and mens rea of murder are proved, but liability is reduced due to a successful partial defence.

Partial defences

Specific reasons (diminished responsibility, loss of control, or suicide pact) that reduce a charge of murder to voluntary manslaughter rather than providing a complete acquittal.

Diminished responsibility

A statutory partial defence under s 2 of the Homicide Act 1957, requiring an abnormality of mental functioning from a recognised medical condition that substantially impairs the defendant.

Abnormality of mental functioning

An aspect of diminished responsibility that ensures consistency with the medical profession; it is typically established through expert medical evidence.

Recognised medical condition

A requirement for diminished responsibility that includes psychiatric conditions (e.g., depression, schizophrenia) or physical conditions (e.g., epilepsy, diabetes) found in classification systems like the WHO International Classification of Diseases.

Substantial impairment

Under R v Golds [2016], this means an impairment that is 'important or weighty' rather than a reason that is so minor it is trivial.

Loss of control

A partial defence under sections 54 and 55 of the CJA 2009, requiring that the defendant lost self-control due to a qualifying trigger.

Qualifying trigger

The specific reason for a loss of control, categorized as either the 'fear' trigger (fear of serious violence) or the 'anger' trigger (things said or done of an extremely grave character).

Fear trigger

A qualifying trigger where the loss of control is attributable to the defendant’s fear of serious violence from the victim against the defendant or another identified person.

Anger trigger

A qualifying trigger applying where loss of control is due to things said or done of an extremely grave character that caused the defendant to have a justifiable sense of being seriously wronged.

Considered desire for revenge

A state of mind that precludes the partial defence of loss of control, often indicated by evidence of planning, the defendant arming themselves, or a significant delay between provocation and the killing.

Sexual infidelity

A factor that cannot be relied upon on its own as a qualifying trigger for loss of control, though it may be considered if it forms an essential part of the overall context.

Standard of proof for diminished responsibility

The defendant must prove the elements on a balance of probabilities, meaning it is more likely than not they were suffering from the condition at the time of the killing.